(A) Administration and enforcement.
(1) Administrative official. An administrative official, hereafter known as the Zoning Administrator, designated by the City Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other person as the City Council may deem necessary for the successful enforcement of this chapter. Should the Zoning Administrator find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the party or parties responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct the violation. He or she shall order discontinuance of illegal use of land; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(2) Building permits required. No building or other structure shall be erected, constructed, enlarged, altered, repaired, improved, moved or demolished without a permit having been issued by the Building Official, except those projects specifically exempted by ordinance. No building permit shall be issued except in conformity with the provisions of this chapter, unless he or she receives a written order from the Board of Adjustment in the form of an administrative review, special exception or variance as provided by this chapter.
(3) Application for building permit.
(a) All applications for building permits shall be accompanied by two sets of plans showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. A third complete set of construction plans shall be submitted for new construction.
(b) The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed buildings or alterations, existing or proposed uses of buildings and land, the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.
(c) One copy of the plans, bearing the building permit number, the review date and stamped as “reviewed,” shall be returned to the applicant by the Building Official and one copy of the plans, similarly marked, shall be provided to the subcontractor responsible for the construction of the foundation, where applicable, and one copy shall be kept on file in the office of the Building Official for a period of three years from the date of the issuance of the building permit, commercial documents shall be kept for a period of five years.
(4) Expiration of building permit. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be canceled by the Building Official; and written notice thereof shall be given to the persons affected, if the work described in any building permit has not been completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. Uncompleted projects that have not obtained a new building permit shall be deemed a dangerous building and shall be ordered to be removed or demolished to the point where they are not a public nuisance, public danger or considered a blight on the neighborhood by the governing body.
(5) Construction and use to be as provided in applications, plans and permits. Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement and construction set forth in such approved plans and applications, and on other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.
(B) Board of Adjustment.
(1) The governing body, except as otherwise provided in SDCL § 11-4-13, shall provide for the appointment of a Board of Adjustment, hereinafter referred to as the “Board.” The Board shall consist of five members, each a resident of the City of Hot Springs. The members and alternates shall be appointed by the Mayor and approved by the City Council. Each member is appointed for a term of three years and removable for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only.
(2) The Board shall elect a Chairperson from its membership, shall appoint a Secretary, and shall prescribe rules for the conduct of its affairs. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine at a fixed time and place. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. It shall have power to call on any other departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required. In the case of all appeals, the Board shall call upon the governing body for all information pertinent to, and their recommendations.
(C) Powers of the Board of Adjustment. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses, and in the furtherance of their duties shall have the following powers.
(1) The Board shall have the power to hear and decide appeals wherein it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter.
(2) To hear and decide special exception to the terms of the ordinance upon which such Board is required to pass under such ordinance.
(3) To authorize upon appeal in specific areas such variance from terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
(D) Appeal procedures to the Board.
(1) The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.
(2) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter.
(3) Such appeal shall be taken within a reasonable time, as provided from whom the appeal is taken and with the Board, the notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(4) An appeal to the Board stays all proceedings in the action appealed from, unless the officer from whom the appeal is taken shall file a certificate that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(5) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(6) In exercising the powers mentioned, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(7) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(E) City Council. In lieu of appointing a Board of Adjustment, the City Council of this city may act as and perform all the duties and exercise the powers of such Board of Adjustment as provided in SDCL § 11-4-24.
(F) Governing body. The governing body shall:
(1) Establish such rules of procedure as are necessary to the performance of its function hereunder;
(2) Review and decide all applications for uses permitted on review in accordance with § 155.073; and
(3) Study and report on all proposed amendments to this chapter.
(Prior Code, § 27-A-08-01) (Ord. 1210, passed 4-6-2020)